High Court of Gujarat
DECEASED PRAMODBHAI ATMARAM DESAI THROUGH HIS LEGAL HEIRSversusTHE SPECIAL SECRETARY (APPEALS) REVENUE DEPARTMENT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- ANIRUDDHA P MAYEE
Holding
The order dated 20‑01‑2025 passed by the SSRD is set aside as it was issued against a deceased person, and the matter is remanded for fresh consideration after the petitioners are substituted as applicants.
Summary
The petitioners sought a writ of mandamus to quash two orders dated 20‑01‑2025 and 28‑03‑2005 affecting their land, and to stay their execution. The High Court noted that an earlier order of 31‑12‑2015 had been set aside and the matter remanded to the Secretary (Appeals), Revenue Department (SSRD) for a fresh decision. The SSRD, however, issued a reasoned order on 20‑01‑2025 against the deceased applicant, Pramodbhai Atmaram Desai, without substituting the legal heirs. The Court held that an order cannot be validly passed against a dead person and therefore set aside the impugned order. It remanded the revision case for fresh consideration, directing the petitioners to file a substitution application within two weeks and the SSRD to grant them a hearing and pass a reasoned order within ten weeks. No merits of the land dispute were addressed, and the special civil application was disposed of.
Issues considered
- Whether an order passed by the Revenue Department against a deceased person is legally valid.
- Whether the petitioners must be impleaded as substitute applicants in the remand proceedings.
Subjects
- writ of mandamus
- substitution of parties
- order against deceased
- Revenue Department
- stay order
- remand
- procedural law
Judgment
C/SCA/9906/2026 ORDER DATED: 23/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9906 of 2026
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DECEASED PRAMODBHAI ATMARAM DESAI THROUGH HIS LEGAL
HEIRS & ORS.
Versus
THE SPECIAL SECRETARY (APPEALS) REVENUE DEPARTMENT & ORS.
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Appearance:
MR JAYDEEPSINH H RAJPUT(8185) for the Petitioner(s) No. 1,2,3,4,5,6
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2,3,4,5,6
MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 23/07/2026
ORAL ORDER
1. In the present Writ Petition, the petitioners have prayed for
the following reliefs :-
“(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any other
appropriate writ, order or direction quashing and setting aside order
dated 20.01.2025 passed by the respondent no.1 authority in
Revision Application No.MVV/JMN/SAT/21/2024 (Annexure-A) as well
as order dated 28.03.2005 passed by Ld. Deputy collector, Surat in
Remand case No. JMN/73AA(4)/Case No. 8 of 2000(Annexure-J);
(B) During the pendency and final disposal of the present
petition, YOUR LORDSHIPS may be pleased to stay the
implementation, operation and execution of the order dated
20.01.2025 passed by the respondent no.1 authority in Revision
Application No.MVV/JMN/SAT/3/2005 (Annexure-A) as well as order
dated 28.03.2005 passed by Ld. Deputy collector, Surat in Remand
case No. JMN/73AA(4)/Case No. 8 of 2000 (Annexure-J) and further
be pleased to direct the respondent authorities to maintain status
quo over the land in question and further be pleased to direct the
respondents not to take any coercive action against the petitioners;
(C) Any other and further relief that may deem fit by this Hon'ble
Court in the interest of justice;”
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C/SCA/9906/2026 ORDER DATED: 23/07/2026
2. It appears that this Court, vide order dated 09.03.2023 in
Special Civil Application No.4108 of 2019 filed by the petitioners
herein, set aside the order dated 31.12.2015 passed by the learned
Secretary (Appeals), Revenue Department (hereinafter referred as
to “SSRD” for short) and remanded the matter back to the learned
SSRD to pass fresh de novo order after recording the reasons in
accordance with law. After the said remand, the learned SSRD, by
the impugned order dated 20.01.2025, has passed a reasoned
order. The original applicant Pramodbhai Atmaram Desai had
expired on 25.11.2020. Inadvertently, the petitioners herein failed
to implead/substitute themselves in the remand proceedings before
the learned SSRD. Accordingly, in paragraph 1.2 of the impugned
order, the learned SSRD has observed that despite sending four
notices to the applicant Pramodbhai Atmaram Desai, he has failed
to remain present and therefore, the learned SSRD has decided the
revision application on merits by giving reasons.
3. Apparently, the impugned order has been passed against the
dead person in the remand proceedings. Accordingly, the impugned
order dated 20.01.2025 is set aside. The Revision Case No.21 of
2024 is remanded back for fresh consideration on merits. The
petitioners shall prefer an application for substitution impleading
themselves as applicants in place of Pramodbhai Atmaram Desai
within a period of two weeks from today. The learned SSRD shall
thereafter grant them an opportunity of hearing and pass a
reasoned order adjudicating the contentions raised by the
petitioners herein, who are proposed applicants before the learned
SSRD. The remand proceedings shall be completed within a period
of 10 weeks from today.
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C/SCA/9906/2026 ORDER DATED: 23/07/2026
4. It is clarified that this Court has not gone into the merits of the
case and no opinion is expressed thereon.
5. The Special Civil Application is disposed of accordingly.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
cmk
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRASHEKHAR MAHESHKUMAR KOSHTI(HC01066), Principal Pvt. Secretary, at High Court of Gujarat on 24/07/2026 11:17:24
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